Cyber case dismissed

By CLARISSA MOI
A MAGISTRATE yesterday dismissed a cyber harassment charge against a 39-year-old woman, saying the defendant and complainant “were equally to be blamed.”
Police alleged that on April 28, defendant Esther Andrew, 39, of Rubukun village in Wosera, East Sepik, sent an email to Raymond Tuyan, her de-facto partner, that she would bring his son in Vanimo back to Port Moresby.
It was also alleged that Andrew described Tuyan’s girlfriend as a prostitute and a promiscuous person.
Andrew was subsequently arrested and charged for cyber harassment by police on June 16.
Magistrate Paul Nii told the Waigani Committal Court that there was evidence that there were heated emails between Andrew and Tuyan, calling each other names and describing each other.
“The defendant was described by the complainant as pamuk meri or prostitute, and in return, Andrew labelled the complainant a prostitute,” he said.
“Both parties are throwing mud at each other by accusing each other,” he said.
Magistrate Nii said the evidence showed Andrew and the complainant were partners and had children from the relationship but had separated and had a history of arguing and criticising each other.
He said even though Tuyan had alleged that Andrew had harassed him, the common law principle of “he that hath committed inequity shall not have equity” appeared to best fit the situation as he was also an active participant in responding to the abuse in kind which was shown in emails and texts exchanged between the pair.
“Once when a wrong is alleged, do not resort to another wrong to fix that wrong,” he said.
“Instead, take it up to the appropriate authorities to deal with it.”
Magistrate Nii noted that there was no corroborating evidence to support the charge aside from the complainant’s statement.
“Evidence shows both parties were throwing mud at each other and they are equally to be blamed since the sources of the email and text messages that purportedly carried the crime of cyber harassment were instigated by each other.”
Magistrate Nii ordered that there was insufficient evidence to commit the defendant, dismissed the charge and ordered the defendant’s bail be refunded.